Commonwealth Ex Rel. Lieberman v. Burke, Warden

Per Curiam,

The relator has filed a petition for a writ of habeas corpus. The facts are clearly stated in an opinion by this Court in a former proceeding. Com. ex rel. Lieberman v. Smith, 152 Pa. Superior Ct. 1, 30 A. 2d 625, and it is unnecessary to repeat them. Admittedly the relator is legally, confined. By his own averments his minimum sentence will not expire until October 17, 1947, and the maximum sentence will not expires until October 17, 1957. A writ of habeas corpus may not be invoked where the relator is legally confined in prison and admittedly is not eligible for discharge for a…